Judgment of the General Court of 17 July 2024 – Makhlouf v Council

(Case T-208/22)  (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Syria - Freezing of funds and economic resources - Restriction on entry into the territory of the Member States - List of persons, entities and bodies subject to the freezing of funds and economic resources or subject to restrictions on entry into the territory of the Member States - Inclusion and maintenance of the applicant’s name on the list - Heir of a person already subject to restrictive measures - Rights of the defence - Error of assessment - Proportionality - Right to property - Freedom to move and reside in the Member States - Right to family life - Non-contractual liability)

(C/2024/5316)

Language of the case: French

Parties

Applicant: Kinda Makhlouf (Warsaw, Poland) (represented by: G. Karouni and E. Assogba, lawyers)

Defendant: Council of the European Union (represented by: A. Limonet and V. Piessevaux, acting as Agents)

Re:

By her action, the applicant seeks, first, under Article 263 TFEU, the annulment of (i) Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2022 L 40, p. 26) and Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2022 L 40, p. 6) and (ii) Council Decision (CFSP) 2023/1035 of 25 May 2023 amending Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria (OJ 2023 L 139, p. 49) and Council Implementing Regulation (EU) 2023/1027 of 25 May 2023 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2023 L 139, p. 1), in so far as those acts concern the applicant; and, second, under Article 268 TFEU, compensation in respect of the harm that she claims to have suffered as a result of the adoption of the contested acts.

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders Ms Kinda Makhlouf to pay the costs.

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(1)   OJ C 237, 20.6.2022.